Your current state is Ohio
if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.
answered on Mar 23, 2021
The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.
My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)
My wife’s Dr. wrote a note advising that if possible... View More
answered on Mar 10, 2021
The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign... View More
I have been asked to sign a form at work regarding the fact I have declined my covid vaccine and this therefore means I may not receive sick pay if I contract covid along with some other statements I need to agree to, and I don’t know what my rights are if I don’t sign it
answered on Mar 3, 2021
Since there is no federal law that mandates paid sick time or any other form of paid time off, your employer may limit or condition your receipt of sick pay it does offer. Your employer's above condition on sick pay is lawful.
My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... View More
answered on Mar 1, 2021
An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped... View More
I began work Nov. 2019, and was "terminated" in March 2020 due to pandemic-related business downturn. I was rehired in June 2020, although I was not required to take a drug test again or submit my driving record again. I would have been eligible for paid vacation Nov. 2020, but now they... View More
answered on Feb 25, 2021
Well, if they give you a raise it looks like they are not having it both ways. Your vacation time is usually based on time accrued and does not count time off for personal days, family leave---or when you are laid off.
Year to date money means just that. If you were paid x dollars then... View More
Can I file a lawsuit to have a fraudulent w-2 revoked?
I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... View More
answered on Feb 24, 2021
I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had... View More
I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.
answered on Feb 23, 2021
The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... View More
Got hired on into a 3 assistant position. After Covid, was down to myself and 1 other assistant. This assistant would call out/quit/not show up 2-3 times out of the week on a weekly basis. This would leave me alone to hold up the entire Office and all the patients by myself. First asked owner of... View More
answered on Feb 23, 2021
No, it's apparently not discrimination on the basis of race, sex, or other suspect classification. Other than that kind of discrimination, an employer can employ, or not employ, whoever the employer wants. And no, they don't have to pay you for, in effect, working multiple jobs at once.
I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.
answered on Feb 13, 2021
Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may... View More
How can she protect herself and her co-workers and does she have a legal case?
answered on Feb 9, 2021
Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... View More
Last year my employment was terminated by a non-profit based out of Washington DC. It was because I anonymously blew a whistle on my supervisor's conduct. I was told if someone were to call for employment verification, the organization would only give out the start and the end date.... View More
answered on Feb 2, 2021
It is highly unusual for a former employer not to give verification of employment of a former employee. Usually the verification is very general, for example Mr Smith worked for Company A from Jan 1 2020 to Jan 1 2021. You would need to contact a licensed attorney in DC for a more in depth... View More
I’m a photographer (1099 contractor) for a real estate business in California that makes virtual tours using business owned equipment. I have done nearly 50 listings, mostly residential, spanning the last 7 months.
In many instances, not all, the listing has been vacant and I signed... View More
answered on Jan 30, 2021
An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to... View More
Trying to tell me I will be terminated if I don't come to work while my child's school break has been extended because of covid related issues
answered on Jan 30, 2021
Maybe. There is a difference between poor management decisions deciding whether or not to accommodate an employee and whether or not those accommodations violate any employee protections. You might consider reviewing Families First Coronavirus Response Act to determine whether or not it applies to... View More
I have been working from home for over two years. My employer made it possible by getting me a laptop to use at home. I live 72 miles from my workplace which is one of the key reasons. Now, they want me to come back. The original agreement was verbal and set up by my supervisor, his boss and the... View More
answered on Jan 28, 2021
Unfortunately, prior arrangements, prior agreements and a ten year seniority provide you with legal basis for working from home. Generally, an employer can require employees to work wherever the employer wants them to work. The only real exception to that general rule is if the employee has a... View More
Do you have to have PTO or are they supposed to still pay you.
answered on Jan 27, 2021
The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,... View More
I am a white, single, gay female. I have no reason to be discriminated against (my employers don't care about me being gay). But that doesn't change the fact that they have been singling me out, holding me to different standards compared to my co workers. I've reported multiple... View More
answered on Jan 27, 2021
There is not a lot you can do about verbal harassment that is not based upon your membership in a protected class, aside from reporting it to your supervisor and Human Resources. However, if you are experiencing lasting health complications as a result of COVID, you may be eligible for... View More
This is for a virtual medical scribe position. I am working from home in Philadelphia. The company is based in Texas. I completed pre-employment training that was unpaid. I signed a contract to start January 11. In an email, I was told the start date would be pushed back to an unknown date because... View More
answered on Jan 26, 2021
It sounds like this is post hire training, which should be compensated. Perhaps your pre-hire training should also be compensated. Consult a local employee rights attorney. The reality is if you suddenly become an excessively expensive employee, you will be cut. You need to weigh the benefit of... View More
My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week
I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my... View More
answered on Jan 26, 2021
In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You... View More
I started working for global non profit as a temporary worker off a 3 year grant, initially at 20hrs a week max. So I was told I could get benefits because of this, and I signed up for medical and dental.
Before I could submit my hours for my first paycheck I was then told by my supervisor... View More
answered on Jan 26, 2021
Perhaps the issue is not whether you committed fraud, but whether your employer misrepresented the terms and conditions of employment to you. IMO you should log 20 hours a week, if you are working it, and let the supervisor violate the wage and hour laws by docking your time. Definitely consult... View More
In regards to being paid by worker's comp.
answered on Jan 24, 2021
If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... View More
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